03 July 2013

Full translation of proposed LDP amendment to Article 9 and 96 of the Constitution of Japan

Original Article 9

Chapter II. Renunciation of War

Article 9.

1. Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes.

2. In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.

1. Aspiring sincerely to an international peace based on justice and order, the Japanese people renounce war as a sovereign right of the nation, and refrain from the use of threat and use of force as means of settling international disputes.

2. The preceding paragraph shall not preclude the exercise of right to self-defense.

Section 2. National Defense Force

1. In order to ensure peace and independence of Japan as well as safety of the state and the Japanese people, a National Defense Force shall be maintained under the supreme command of the Prime Minister.

2. The execution of the duties of the National Defense Force as prescribed in the preceding paragraph shall be governed by the approval of the National Diet and other rules and regulations as provided by the law.

3. Aside from activities taken in execution of its duties as prescribed in section (1) of this paragraph, the National Defense Force shall be allowed, as provided by the law, to commit itself to activities taken in cooperation with the international community for the purpose of maintaining international peace and security, activities taken for the purpose of maintaining public order, and/or activities taken for the purpose of protecting the lives and freedom of the Japanese people.

4. Aside from provisions as prescribed in section (2) of this paragraph, matters regarding the organization, governance and confidentiality of the National Defense Force shall be determined by the law.

5. In order to prosecute military service personnel and other public official for the crimes committed pertaining to its execution of duties and/or breach of confidentiality, a tribunal shall be established under the National Defense Force. Upon prosecution, the rights to appeal of the defendant to a higher court must be ensured.

Section 3. Preservation of territorial integrity

In order to preserve its sovereignty and independence, the state must, in cooperation with the Japanese people, commit to preserving territorial integrity of the land, sea, and air, and securing its resources.

1. Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify.

2. Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.

1. Amendments to this Constitution shall be initiated by the Member of the House of Representatives or the House of Councillors, through a concurring vote of majority of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all valid ballots cast thereon, at a national referendum as specified by the law.

2. Amendments when so ratified shall immediately be promulgated by the Emperor.